Labour Court Database __________________________________________________________________________________ File Number: CD86719 Case Number: DEC863 Section / Act: S57(1) Parties: ORRWEAR LTD - and - ITGWU |
Joint Labour Committee classification.
Recommendation:
5. The Court decides that the Employment Regulation Order
(Tailoring Joint Labour Committee) 1985 does not apply to the
workers employed in Orrwear Ltd.
Division: CHAIRMAN Mr McHenry Mr Devine
Text of Document__________________________________________________________________
CD 86719 THE LABOUR COURT DEC3/86
Sec 57(1) INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
DECISION NO. 3 of 1986
Parties: ORRWEAR LTD
(Represented by the Federated Union of Employers)
and
IRISH TRANSPORT AND GENERAL WORKERS UNION
Subject:
1. Joint Labour Committee classification.
Background:
2. Orrwear Ltd is covered by the Shirtmaking Joint Labour
Committee (J.L.C.). The Company has traditionally been involved
in the manufacture of protective clothing. Over the past five
years the Company has also been involved in the manufacture of
gents and childrens clothing and fashion wear. The Union, on
behalf of the workers, contended that the Company is now properly
covered by the Tailoring J.L.C. and that this re-designation
should now occur. This would involve a #10 per week increase in
wages for the workers concerned. In December, 1985, the Union
made representations to the Company with a view to this
re-designation. The Company was not agreeable to this, and the
matter was referred to the Labour Court for a decision under
Section 57(1) of the Industrial Relations Act, 1969, on 3rd
September, 1986. A Court hearing took place on 4th November,
1986.
Union's arguments:
3. (i) The company is currently involved in the manufacture of
the following items:-
Gents jackets made from cloth/canvass.
Boys confirmation suits, lined and padded.
Gents/Youths leather trim jackets (labelled as
'miami jackets').
Gents/Youths tweed/fleck trousers.
Junior boy trousers for schools and colleges (age
4-5 yrs, 9-10 yrs.).
Fashion jeans with leather trim sold in various
fashions outlets.
Herringbone jeans, grey stripe, and stonewash
jeans, plain jeans.
Garage suits, boiler suits, shop coats.
Boys and Gents fashion shorts under the name of
'Tropical Shorts.'
Shorts and trousers for the Irish Army.
It is clear from the above that the overwhelming bulk of all
clothes manufactured in the Company comes under the Tailoring JLC.
Other employees in the same situation as the workers concerned
here are paid the Tailoring J.L.C. rates of pay (details with
Court).
Company's arguments:
4. (i) The Tailoring Joint Labour Committee operates in
relation to workers engaged in the Tailoring Trade as
defined in the schedule to the Establishment Order
(Tailoring Joint Labour Committee). Amendment Order
1953 (S.I. No. 334 of 1953). It goes on to
specifically include certain trades and operations, and
exclude others (details with Court).
(ii) The imposition of an Employment Regulation Order limits
the freedom normally associated with a voluntary
collective bargaining system, for both employer and
trade union. As this is a statutory imposition the
provisions set out in the statute and the Statutory
Instruments must be strictly interpreted. The Company
is certain that within the terms of the above schedule
and amendment, the Companys operation does not fall
within the relevant definitions. The Company can
provide a great deal of comparative technical data as
between its operation and that of one covered by the
Gents Tailoring J.L.C. to bear out its argument
(details with Court).
(iii) Traditionally, companies engaged in the manufacture of
workwear and related garments have been aligned with
the shirtmaking J.L.C. The definitions set out in that
Committee originally emanated from the Trade Boards
(Shirtmaking) order of 1920, which clearly defined the
work of that trade (details with Court). Although the
question before the Court is whether the Tailoring
J.L.C. applies, the Company nevertheless contends that
the Company's range of products more properly fall into
the definitions set out in the above mentioned order
The Company draws particular attention to the fact that
all of its products are washable.
(iv) Since the commencement of the Company in 1933, it has
been legally recognised as falling within the
Shirtmaking Industry.
(v) The question as to whether or not the tailoring JLC
applies to it is a very important one for the Company
in terms of costs and future viability. For this
reason the Company contends that the question must be
answered in strictly legal terms and having regard
solely to the provisions of the legislation and the
definitions set out in the Employment Regulation
Orders.
DECISION:
5. The Court decides that the Employment Regulation Order
(Tailoring Joint Labour Committee) 1985 does not apply to the
workers employed in Orrwear Ltd.
~
Signed on behalf of the Labour Court
John M Horgan
11th December, 1986 -------------
P.F./U.S. Chairman